Skip to main content

Workers’ Compensation vs. Personal Injury Claims

When you’re injured at work, you’re probably thinking of filing a workers’ compensation claim to pay for your medical bills and lost wages, however, this isn’t your only option for financial recovery. While you do not have to establish fault in a workers’ compensation case, you can receive additional benefits through a personal injury lawsuit, as long as you establish that the party guilty of your injuries was negligent. Here’s what you need to know about the difference between workers’ comp and a personal injury suit.

Determining Fault

As mentioned previously, any employee injured on the job is entitled to workers’ compensation benefits, regardless of fault. If you are injured, you do not need to prove your employer or co-workers did anything negligent for you to receive compensation. Even if your own negligent actions caused your injuries, you are still entitled to workers’ compensation. In a personal injury lawsuit, such as one for a slip and fall case, you must prove that a third-party’s negligent actions directly resulted in your injuries.


Another major difference between workers’ compensation and personal injury claims are the damages you can receive. In a personal injury case, you are entitled to all forms of damages, including medical bills, future medical expenses, lost earnings, lost earning capacity, permanent impairment, loss of enjoyment of life, pain and suffering, punitive damages and more. In contrast, you cannot get compensation for pain and suffering and other noneconomic damages through workers’ comp.

Proving intent and negligence can be difficult, but the compensation you can receive is worth the fight. If you are looking to file a personal injury claim against an employer or a third party, please contact our Austin personal injury lawyers at The Stewart Law Firm, PLLC.

Send us some details about your case through our online form or call our office at (512) 326-3200 today to schedule your free consultation.

Skip to content